Pilot sticks it to mgmt!!!!

[b737drivr]

$12.5 million jury award in termination/whistleblower case

Robert P. Mark
12/23/2005​

A Superior Court jury in Oakland, California returned a verdict of over $12.5 million against North American Airlines (“NAA”), a wholly owned subsidiary of World Air Holdings, Inc. for the wrongful termination of an airline captain who had blown the whistle on what he claimed were the airline’s unsafe maintenance practices.

The plaintiff, Captain Randall Otto, is a former U.S. Air Force Command Pilot with over 1000 hours flown in Desert Storm. Two years after being hired by North American Airlines and four months after he was promoted to Captain, he was suspended and later fired after reporting what he considered a serious safety violation involving the dispatch of a Boeing 757 with an unresolved flight control problem.

The six man, six woman jury was unanimous in finding liability against North American Airlines during the six week trial. After 6 hours of deliberation on the compensatory damages, the jury returned a verdict on December 13, 2005 of $5,576,348. The trial resumed the next day on the issues of punitive damages and the jury later returned with a verdict of $7,000,000 in punitive damages against the carrier

 

[Spooky 1]

$12.5 million jury award in termination/whistleblower case

Robert P. Mark​

12/23/2005
A Superior Court jury in Oakland, California returned a verdict of over $12.5 million against North American Airlines (“NAA”), a wholly owned subsidiary of World Air Holdings, Inc. for the wrongful termination of an airline captain who had blown the whistle on what he claimed were the airline’s unsafe maintenance practices.

The plaintiff, Captain Randall Otto, is a former U.S. Air Force Command Pilot with over 1000 hours flown in Desert Storm. Two years after being hired by North American Airlines and four months after he was promoted to Captain, he was suspended and later fired after reporting what he considered a serious safety violation involving the dispatch of a Boeing 757 with an unresolved flight control problem.

The six man, six woman jury was unanimous in finding liability against North American Airlines during the six week trial. After 6 hours of deliberation on the compensatory damages, the jury returned a verdict on December 13, 2005 of $5,576,348. The trial resumed the next day on the issues of punitive damages and the jury later returned with a verdict of $7,000,000 in punitive damages against the carrier

Gives me warm fuzzies all over my body. Like to hear more details of the maintenance issue. Anyone got a link to this info?

 

[capt. megadeth]

Now, someone please tell me why someone deserves to become a millionaire because the wrongfully terminated him. I can see court, attorney costs, back pay for the time you were not employed and benefit money but $12 million? That is excessive, just like the mentality in America these days. Truly sad. Furthermore, the pilot did not stick it to management....they will be ok regardless. In truth, now the company will have less cash and stick it back to the pilots in the end. Meanwhile, the one dude that got screwed never has to work again. Bogus.

 

[J32driver]

He deserves 12 million because no other air carrier will ever hire him. NAA has very likely ended his aviation career. How much is 30 years of flying plus retirement worth to you?

 

[-9Capt]

http://www.morelaw.com/verdicts/case.asp?n=Unknown&s=CA%20%20%20%20%20%20%20%20&d=30921

 

[Nocturnal1]

Now, someone please tell me why someone deserves to become a millionaire because the wrongfully terminated him. I can see court, attorney costs, back pay for the time you were not employed and benefit money but $12 million? That is excessive, just like the mentality in America these days. Truly sad. Furthermore, the pilot did not stick it to management....they will be ok regardless. In truth, now the company will have less cash and stick it back to the pilots in the end. Meanwhile, the one dude that got screwed never has to work again. Bogus.

I've only got one thing to say...Capt. Megamouth, you're a tool.

 

[Dave Benjamin]

Now, someone please tell me why someone deserves to become a millionaire because the wrongfully terminated him. I can see court, attorney costs, back pay for the time you were not employed and benefit money but $12 million? That is excessive, just like the mentality in America these days. Truly sad. Furthermore, the pilot did not stick it to management....they will be ok regardless. In truth, now the company will have less cash and stick it back to the pilots in the end. Meanwhile, the one dude that got screwed never has to work again. Bogus.

Not excessive in the least. This is a good thing. If they got away with a lower settlement what kind of deterrent value is that? As a captain I have the reasonable expectation of flying an airworthy aircraft. The company was rightfully punished for trying to force a captain to break the regs and possibly risk life and limb. I am fortunate to work for a company with a good safety culture. Maybe this settlement will change NAA's attitude towards pressuring pilots to fly an unairworthy aircraft.

 

[RP 04]

Capt megadeath,

Got your period again?

 

[millhouse21]

I could be wrong but I believe that in a whistle blower case, the "blower" does not actually get the money. The govt is the plaintiff and the money is actually a fine. I could be wrong, though

 

[NEDude]

Capt Megadeath : As other have pointed out, this captain will never get hired by another airline. His career is most likely over due to his termination. NAA screwed him out of his livelyhood and retirement. And any airline that fires captains for refusing to fly unairworthy aircraft deserves to be raked over the coals. A monkey can push buttons and pull levers and fly an airplane. That is not what we as airline pilots are paid for. We are paid to use our experience and judgement to operate the aircraft in a safe manner. NAA fired the captain for doing his job correctly. No way do I see this as excessive.

 

[Chuck Yogourt]

Capt Megadeath : As other have pointed out, this captain will never get hired by another airline. His career is most likely over due to his termination. NAA screwed him out of his livelyhood and retirement. And any airline that fires captains for refusing to fly unairworthy aircraft deserves to be raked over the coals. A monkey can push buttons and pull levers and fly an airplane. That is not what we as airline pilots are paid for. We are paid to use our experience and judgement to operate the aircraft in a safe manner. NAA fired the captain for doing his job correctly. No way do I see this as excessive.

He could probably go to work at Airtran. Don't they hire trash? I mean, that's how they started anyway.

 

[Andy]

The plaintiff, Captain Randall Otto, is a former U.S. Air Force Command Pilot with over 1000 hours flown in Desert Storm.

OK, that's a misprint. 1000/24 = 41 2/3 days. I thought Desert Storm only lasted around 45 days.

 

[jetfo]

While he is certainly entitled to something, for wrongful termination, loss of income and likely loss of his flying career, he will not likely get all that the jury awarded. The jury verdict will be appealed and the appellate judge will likely order a remittur of the award, substantially reducing both amounts.

 

[Andy]

While he is certainly entitled to something, for wrongful termination, loss of income and likely loss of his flying career, he will not likely get all that the jury awarded. The jury verdict will be appealed and the appellate judge will likely order a remittur of the award, substantially reducing both amounts.

DING DING! You are absolutely correct about that. This guy is not going to end up with 2/3 of $12.5 mil (the lawyers take the other 1/3). If he's LUCKY, it'll be 2/3 of $3 mil.
Let's just hope that it's enough of a deterrent for NAA to actually repair their aircraft.

 

[apdsm]

I could be wrong but I believe that in a whistle blower case, the "blower" does not actually get the money. The govt is the plaintiff and the money is actually a fine. I could be wrong, though

The plaintiff, Captain Randall Otto,

It appears from this article that the Captain is the plaintiff.

 

[Big Beer Belly]

OK, that's a misprint. 1000/24 = 41 2/3 days. I thought Desert Storm only lasted around 45 days.

Desert Shield/Storm ops were/are routinely lumped together as "Desert Storm" (one can argue whether it's correct or not). All the flying missions post cease-fire were classified as Desert Storm (as far as I recall). From a flying perspective, Desert Storm lasted at least two years with all the build up and draw down considered.

BBB

 

[lostplnetairman]

I could be wrong but I believe that in a whistle blower case, the "blower" does not actually get the money. The govt is the plaintiff and the money is actually a fine. I could be wrong, though

Actually, California has a strong whistleblower law that protects employees from retaliation by employers for who refuse to participate in an activity that would result in a violation of state or federal law, statue, rule or regulation.

There is a maximum civil fine of $10,000 which is separate from punative and compensatory damages awarded to the plaintiff.

For more information:

http://www.orrick.com/fileupload/221.pdf

http://www.aalrr.com/CM/LaborandEmploymentPrivateSector/LaborandEmploymentPrivateSector312.asp

That being said, it is likely that North American will appeal.

HR Diva

 

[pilotyip]

His career is not necessarily over, if he was correct in his refusal to fly and proved it in court that could be explained to a prospective employer. Now with all that money that may not be his first chioce perhaps he will start his own airline?

 

[Andy]

Desert Shield/Storm ops were/are routinely lumped together as "Desert Storm" (one can argue whether it's correct or not). All the flying missions post cease-fire were classified as Desert Storm (as far as I recall). From a flying perspective, Desert Storm lasted at least two years with all the build up and draw down considered.

BBB

BBB, Desert Shield started 2 August 1990. Desert Storm went from 16 Jan 91 to 24 Feb 91, when Operation Desert Sabre (the land war) began. Desert Saber ended on 28 Feb 91.
If you're referring to the Southwest Asia Service Medal, it includes time from 2 August 1990 through 30 November 1995, and is divided into three separate dates. (Defense of Saudi Arabia, Liberation of Kuwait, and SWA Cease-Fire). I have a star on my SWASM because I participated in two of those three events.
Even lumping Desert Shield, Storm and Sabre together, you're only talking a stretch of 2 Aug 90 to 28 Feb 91; a period of 7 months. I can't remember what the flight time waivers were, but I don't think that the 90 day lookback allowed more than ~350 hours (30 day was ~150). Please correct me if I'm wrong.
I left the operational world in '91 to fly white jets until '94. When I returned to the ops world, I flew out of Saudi enough 94-98 to apply for Saudi citizenship. (I got to the point where I knew PSAB blindfolded). Even after leaving active duty, I flew Operation Northern Watch missions in 2002; SWA ops have been continuous since Operation Desert Shield.
I guess that I could say that I've got over 1000 hours flying in Desert Storm, but there's no way that I could look myself in the mirror and call that even close to factually correct.

(I wasted way too much time researching this minutia; it wasn't an attack on you, BBB; I understand where you're coming from. For me, this was more of an exercise to dig up some Cliff Claven trivia. I lost my AF flying records long ago, so I've got no earthly idea of how any of my time was classified.)

 

[Southbound]

Funny thing. I know that guy. He's from my hometown and always told me he worked for American, skipped the "North" part. Maybe he is furloughed or something.